Lect 3 Flashcards
(4 cards)
What is acceptance? (3)
- unqualified and unconditional assent
- oral , written or by conduct.
- must be communicated and received
What is communication of acceptable (3)
What is exceptions to acceptance?
What is case where it wasn’t communicated correctly?
- Must be communicated by person entering the contract
- Third party who has authority
- Methods of acceptance = email = instant
- Exceptions to acceptance - postal rule.
For when your posting a letter the acceptance takes place as soon as letter goes in post box. But nowadays you can email.
Powell vs lee
- Powell looking for a job. Lee told him he got the job. The board decided to not give it and that Powell sued him but he lost. it
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When is there no presumption of legal agreement? ( case study )
What does it mean when presumption can be rebutted? ( case study )
- Friends and family - the court does not intervene.
Family =
Balfour vs Balfour = the husband decided to go back to Sri Lanka and agreed to paid his wife £30 a month until she joined him. They split and wife took him to court because he did not paid the maintenance.
Rebutted = ,means when you can take it to court and over turn it. Simpskins vs pays
= mrs pays, her granddaughter and lodger enter competitions weekly and agreed to share any prizes won. Enterires are in pays name and one week they win 750 and mrs ps refuses to share. Simpskins took her to court and won.
New and updated :
What are business contracts like? + what case study did they have?
Business contracts are basically assumed to be there is legal contracts unless there is an honour clauses ( saying there isn’t a contract )
Esso petroleum vs commissioners of custom
- esso offered customers free World Cup coins for every 4 gallons. Government considered this a sale and said esso owed tax. So it was decided there was a contract.
